K SHIVASHANKAR Vs. UNIVERSITY OF MYSORE
HIGH COURT OF KARNATAKA
UNIVERSITY OF MYSORE
Referred Judgements :-
D.R.NIM V. UNION OF INDIA
G.ANIL KUMAR V. STATE OF MYSORE
D.P.JOSHI V. STATE OF MADHYA BHARATH
BALABHAU MANAJI V. BAPUJI SATWAJI
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CHANDRASHEKHAR, J. -
(1.)The petitioners were applicants for admission to Medical Colleges in
Mysore State. They were not selected for admission. The principal ground
for not selecting them, was that they did not satisfy the requirement of
residence in Mysore State for not less than 10 years. In these petitions,
their grievance is about their non-selection.
By its order dated 17-7-1969, the Government of Mysore framed
Rules for selection of candidates for admission to the MBBS. Degree
Course in the four Government Medical Colleges and for certain seats in
the four private Medical Colleges. These Rules shall hereinafter be
referred to as the Rules.
(2.)Rule 2 of these Rules deals with eligibility for admission. The main
part of sub-rule (3) of Rule 2 reads:
(3) Domicile, etc.-No person who is not a citizen of India and
who is not domiciled and resident in the State of Mysore for not less
than ten years at any time prior to the date of the application for a
seat, shall be eligible to apply:
The provisio to this sub-rule states that the above requirements shall
not apply to certain categories of applicants in whose favour reservation
of seats is provided under Rule 4, and in the case of children of Centra
Government employees serving on duty in the State at the time of making
(3.)Rule 10 sets out the procedure lor selection of applicants for admission
to Medical Colleges. Sub-rule(4) of this Rule provides that the Selection
Committee shall call the applicants for interview for verifying the particulars furnished
by them or to obtain any clarification which the Selection Committee may need
For this purpose the Selection Committee has
been empowered to make such enquiry as it deems fit. The proviso to this
sub-rule states that no application shall be rejected except after giving
the applicant an opportunity of being heard.
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